You have to take it out into the real world and test it in real world situations. They gave it to a trusted employee and disguised it as much as they could. And the guy lost it. It's a known risk and it happens.
The choice then became to either activate the GPS and track the phone (potentially making the leak worse) or wipe it. Apple chose to remotely wiped it as soon as they could.
They did what they could to adequately test the new phone and protect it at the same time.
Like going out drinking and not paying (very) close attention to its whereabouts at all times?
If you lose a phone in the public you should expect that any secrets become public. Apple seems to be OK with that risk. I don't understand the clamoring for gestapo police to swoop in and correct corporate mistakes.
So, if you lost your wallet, it would be okay if I then knew your credit card numbers? Even if I didn't use them? I promise not to tell...
This isn't clamoring for a police state. It's recognizing that when property is lost, regardless of how, it still belongs to the person who lost it. I'm normally not one for "corporate rights", but in this case it doesn't matter that the entity that owned the phone was Apple. Hell, it could have been the next gen Blueberry (yes, I meant Blueberry) for all I care.
Are you saying Gizmodo refused to return the phone to Apple claiming it was now their own property? Or that Gizmodo demanded reimbursement from Apple in exchange for returning the phone?